What it means to be a muslim in india today

1. A Combined Report of People's Tribunal on the Atrocities Committed Against the Minorities In The Name of Fighting Terrorism 22-24 August 2008 at Hyderabad & National Meet on the Status of Muslims in Contemporary India Delhi 3 to 5 Oct 2009

2. A Combined Report of Peoples Tribunal on the Atrocities Committed Against Minority In The Name of Fighting Terrorism 22-24 August 2008 at Hyderabad & National Meet on the Status of Muslims in Contemporary India Delhi 3 to 5 Oct 2009 Anhad 2011 ISBN : 978-81-88833-28-3 Edited by : Shabnam Hashmi Compilation & Transcription Seema Duhan Niharika Yadav Anjali Thomas Price Rs. : 200/- 23, Canning Lane New Delhi-110 001 Tel. : 23070722, 23070740 E-mail : [email protected] Printed at : Pullshoppe, 9810213737 [email protected] The tribunals were organised in collaboration with Human Rights Law Network and Siasat, Hyderabad

3. 1. NotefromtheEditor 5 2. Foreword 7 3. JuryFindings1and2 11 4. Testimonies 21 5. Articles&Presentations 155 6. Observationsby JuryMembers 197 7. Index 217 C o n t e n t

4. Last decade (2000-2010) saw multiple acts of terror in different parts of India. These attacks were scattered in different parts of India and killed many innocent people. The attack on Parliament, blast near Army camp in Jammu, terror episode at Akshardham, Mumbai trains and Sankatmochan temple are the few amongst the many terror acts which took place. Along with loss of many an innocent lives, the social atmosphere was vitiated. These blasts intimidated the society as a whole and created an atmosphere of fear all around. During this period, on the heels of World Trade Center attack the word Islamic terrorism was coined and in India this word was further manipulated to highlydubiousandwrongpropagandalinethat'AllTerroristsareMuslims.' India had witnessed massive anti Muslim violence from the decade of 1980s, culminating in the post-demolition anti Muslim violence and the Gujarat violence of 2002. The loss of property and lives of Muslim community was abysmal. The lives lost of the community were more than 80% of the total victims, the victims were not rehabilitated by the state, no adequate compensation and no justice was meted out to most of the victims. The Muslim community started feeling dejected to a greatextentwiththeviolenceandtheconsequentharassment,leadingtothesenseofinsecurity. In this background in most cases, after the blasts many a Muslim youth were arrested on the charges of being involved in the act of terror, being in league with the Pakistan terror groups. The investigation authorities recklessly arrested Muslim youth after every act of terror. Young Muslim boys and men were subjected to torture, encountered and remained in police custody for months. Meanwhile from April 2006, the death of two Bajrang Dal men, while they were making bombs, came to light in Nanded, Maharashtra. This was followed by a series of terror attacks in Parbhani, Aurangabad, Jalna, Panvel etc. in these cases the involvement of Hindutva groups was apparent to a great deal. Still the investigating agencies kept working with the same assumption that Muslims werebehindallterrorattacks. The twin fact of being victims of communal violence and later the victim of police investigation, a senseofdespairstartedgrippingtheMuslimcommunity.Therewashardlyanyevidenceneededand police investigation was based on the flight of their imagination around the understanding that if there is an act of terror, the Muslims have to be involved. The despair amongst the Muslim community became much worse after the realization that while the terror acts where the Muslim congregations are attacked or bombs are planted in the Muslim majority area, still the Muslims are F o r e w o r d 7

5. suspected for these acts and put behind the bars and tortured to elicit the confession. Many a Muslim youth studying in professional colleges and other disciplines were also not spared. The sense of hopelessness was too strong and it started worsening the psyche of the Muslim community asawhole. Meanwhile their economic plight was made public by Sachar Committee report, published in 2006. Thereport,basedonconcretedatamadeitclearthatduringlastsixdecadesaftertheindependence the conditions of Muslims as a community has deteriated. Their economic status, social conditions, political say and representation, all faced a severe jolt and the community started feeling as if they are being pushed to being second class citizens. Many a delegations met the political leaders concerned. The appeal to put the investigation on an honest ground fell on deaf ears and police continued to arrest and torture. The case of Samjhauta Express blast, Ajmer Dargah and Mecca Masjid in Hyderabad were most glaring in this regard. So the community faced twin challenges, on one hand being branded as terrorists and on the other communal elements intensified their propaganda against the Muslim community. This further intensified the process of marginalization of the Muslim community. The twin aspects of security and equity got a severe setback and community was in total despair. Even the most liberal and educated sections of Muslims started feelingthattheycannotliveinpeaceandwithdignityinthisatmosphere. During the same period the infiltration of the communal mindset in the system and its influenceon a large section of media started becoming more obvious. A small section of national media did expose this nexus but a larger section of the media kept carrying the police versions of the events and the communal demonization of Muslim community. Some independent social activists and groups did raisetheirvoiceagainstwhatwasgoingon,buttheirimpactwasnotverypalpable. It is in this frightening backdrop that, we at Anhad decided to make an attempt to shake the national conscience,tosharethepainandanguishoftheMuslimcommunitywiththelargesectionofsociety to project the voice of the voiceless to the authorities and political leadership. In this direction both these tribunals were organised, the first one, 'Peoples Tribunal on the Atrocities Committed against Minorities In the name of Fighting Terrorism' was held on 22-24 August 2008 at Hyderabad. This focused mainly on the victims of police investigation around acts of terrorism. And the second one 'National Meet on the Status of Muslims in Contemporary India' held at Delhi from 3 to 5 Oct 2009 focussedontheoverallsituationofthecommunityinthenationalscenario. The findings of tribunals were quite revealing about the condition of the Muslim minorities. Many a testimonies moistened the eyes of the some of the jury members, the harrowing stories of mothers whose sons are being tortured, the wives whose husband has been made the victim of police atrocities; the third degree torture inside the police custody, the insensitivity of administration was all there, and was registered with pain and objectivity it deserved. The jury was unanimous in giving theinterimreportandconclusions. It is difficult to assess the impact of the tribunal as such but in the aftermath of tribunal it seemed 8

6. that the reckless arrest of Muslim youth stopped to some extent, while the government is yet to give shape to the comprehensive policies which should give Muslim their rightful due in the society. We are publishing the proceedings of the tribunal in a single volume as though the themes of tribunal may sound different; they are deeply connected and supplementary. These reports are a mirror of the society, a mirror to our democracy. These reports should remind us that no democracy is worth its principles unless the minorities can live with security and dignity in the community. Time alone will tell the direction of the social policies but we do realize that we have to keep up the battle for democratic rights for the minorities, as the state on its own has not been performing its constitutionaldutyofbeingfairandjusttotheminorities. The tasks for human rights workers are immense as we have a long way to go to be able to democratize the society, to ensure that the values of our freedom movement, the values of Constitutionareupheldandpracticedatallthelevels. -Ram Punyani 9

8. People's Tribunal on the Atrocities Committed Against the Minorities In the Name of Fighting Terrorism 22-24 August 2008 at Hyderabad Jury Members : Justice Sardar Ali Khan, Justice S.N. Bhargava, Mr KG Kannabiran, Dr. Asghar Ali Engineer, Mr Prashant Bhushan, Mr Ram Puniyani, Ms Rooprekha Varma, MrLalitSurjan, MrKingshukNag National Meet on the Status of Muslims in Contemporary India, Delhi 3 to 5 Oct 2009 Jury Members : Ahmad Saeed Malihabadi, Asghar Ali Engineer, Admiral Ramdas, Colin Gonsalves, Gagan Sethi, Ghanshyam Shah, Hanif Lakdawala, Harsh Mander, Kavita Srivastava, Mahesh Bhatt, Prashant Bhushan, Ram Punyani, Rooprekha Verma, Sukumar Murlidharan, Tarun Tejpal, Uma Chakravarty,ZafarAgha,ZahidAliKhan,ZoyaHassan J u r y F i n d i n g sJ u r y F i n d i n g s

9. FindingsandRecommendations The testimonies showed that a large number of innocent young Muslims have been and are being victimized by the police on the charge of being involved in various terrorist acts across the country. This is particularly so in Maharashtra, Gujarat, Madhya Pradesh, Andhra Pradesh and Rajasthan, thoughnotlimitedtotheseStates. In most of the cases, the persons picked up are not shown to be arrested by the police until many days after their arrest in gross violation of the law. Their families are also not informed about their arrest. In many cases, they have been tortured in Police custody and made to confess and sign blankpapers.ThepolicehasbeenoftenhumiliatingMuslimdtentesontheground oftheirreligion. Thetestimoniesshowwidespreadcommunalizationofthepoliceacrossstatesinthecountry. In most of these cases, the Courts are routinely allowingpolice remand and not granting bail, merely on the police statements that they are required for further investigation. They do not examine whether there is any evidence against the accused. Unfortunately, the media too uncritically publicizesthechargeandallegationslevelledbythepolice.Thishasresultedinthedestructionofthe lives and reputations of a large number of persons so picked up by the police who have later been foundtobeinnocent. When the police charge sheets the victims, the trials go on almost interminably during which poor victims are virtually defenceless since they are often not even able to get lawyers. In some cases, Bar Associations have been preventing lawyers from appearing on behalf of persons accused by the police of such terror offences. However, though this is gross contempt of Court, the Courts have not taken action against such Bar Associations and lawyers who are coercing other lawyers in this manner. Even when the victims are acquitted or discharged on being found innocent, they are not compensated for the destruction of their lives and reputations. Even when the case against the victimsisfoundtobetotallycookedup,noactionisbeingtakentoholdtheconcernedpoliceofficials accountable. This has led to impunity among the police officials as a result of which they are casually and callously picking up and victimizing innocent persons, particularly Muslims, sometimes even to extractmoneyfromthem. It was been reported by the victims that those citizens who are picked up by the police officers for interrogation and are subject to repeated harassment and torture, are implicated in false cases even afterreleaseoracquittalandarefurthersubjectedtomentalandphysicaltorture. Unfortunately, the Courts are going along with this behaviour of the police and are virtually ignoring allegations of torture in police custody. Hardly anyone is being held accountable for the torture and thirddegreemethodsthatarebeingroutinelypracticedinpoliceandeveninjudicialcustody. Unfortunately, the Human Rights Commissions which should have taken suo motto cognizance of such victimization and violation of human rights of these people have by and large been treating 12

10. even complaints about this with casual indifference. They either do not take up such cases on the ground that they are the subject matter of court proceedings or just ask for a routine police report without getting any independent investigation done on such serious charges of human right violations. This victimization and demonisation of Muslims in the guise of investigation of terror offences, is having a very serious psychological impact on the minds of not only the families of the victims but alsoothermembersofthecommunity.Itisleadingtoaverystrongsenseofinsecurityandalienation whichmayleadtofrightfulconsequencesforthenation. Recommendations 1. State Human Rights Commission and National Human Rights Commission and State Minority Commission should take up such matters seriously and should come to independent finding itself and awarding adequate compensation in suitable Cases. It should not wait for somebodytoapproachthecommissionbutshouldtakeactionSuo-motto.Theyshouldutilize their own agency to find out the truth. The malafide prosecution of innocent persons is also a serious violation of Human Rights which must be vigorously pursued by the Human rights Commissions. 2. The Courts must not routinely grant police or judicial custody but must examine at that stage whether there is any credible evidence against the accused. The Courts should keep in mind that no reliance should be placed on the alleged confession of the accused even for considerationofbail/remand. 3. Whenever any person is released by the police for want of evidence against him the Courts should award adequate compensation for the destruction of his life and reputation. In such cases the Courts should examine if the prosecution was malafide, and if it is so found, the police officials involved must be held accountable and the compensation payable to the victimmustberecoveredfromtheofficersconcerned. 4. Cr.PC should be amended to make it obligatory on the Courts to award adequate compensation to the innocent victim who is discharged or acquitted due to lack of evidence orwasfalselyimplicated. 5. There ought to be separate department/wing for investigation that should be given specialized training on modern scientific basis, in line with the recommendations of the National Police Commission, duly endorsed by the Supreme Court. Independent police complaints authorities must be immediately set up at all levels in line with the Supreme Court'sjudgmentinthePoliceReformscase. 6. The trial courts should be provided with a medical officer who can immediately examine any accused complaining of torture in Police or judicial custody. The courts must immediately, on any complaint being made, order such examination and take stringent action if the allegation 13

11. is found true. The number of Trial courts must be greatly increased to ensure speedy conclusions of Trials. Investigations must also be concluded within the shortest possible time and extensions of timemust not be routinely given. An adequate cadre of competent defence lawyers must be created to defend those accused who cannot afford their own lawyers. An independentstatutoryofficeofpublicprosecutorsmustbecreated. 7. The Police during interrogation or investigation cannot get blank papers signed by the accused; Police officers found indulging in such practice must be severely punished. Narco analysis is a psychologically and physically third degree method of investigation which is not evenscientificallyproven.Itmustnotbeallowedonpersonsparticularlywithoutconsent. 8. Persons including officials of Bar Associations seeking to prevent lawyers from representing accused persons must be hauled up for Contempt of Court for interfering with the administrationofJustice. 9. Special sensitization programmes should be organized for the Judiciary and Police regarding HumanRights. 10. The Governments should provide adequate compensation to the relatives of the person who diedduetopolicefiringatMeccaMasjid.Nodiscriminationshouldbemadebasedonreligion or caste or place of residence. Employment should also be provided to the dependents of the deceased. 11. The Media, both Print as well Electronic should be very careful not to publicize mere allegations or claims of the police which can irreparably damage reputations of innocent personswithoutsubjectingthemtobasicscrutiny. 12. In cases where all the bread earners of a family have been arrested by the police, the families of the victims, especially minor children and desolate women are rendered penniless and helplessandaredriventostarvation.Insuchcases,untilandunlesstheaccusedareconvicted by courts, the State must provide regular financial help to the extent that the education of childrenisnotdisruptedandthefamilyisnotstarved. 13. India must immediately sign the International Criminal Court Treaty known as the Rome Statutewhichhasbeensignedbymostcountries. 14

12. FindingsandRecommendations Anationalmeetwasorganisedon thetheme'WhatitMeanstobeaMusliminIndiaToday'byAnhad in collaboration with Siasat and other organisations in Delhi from 3 to 5 Oct 2009. A large number of individuals as well as representatives of organisations participated and spoke about their experiences and problems late into the evenings. The major findings and recommendations that emergedfromthehearingsarepresentedhere. Overall Thepredominantfindingofthemeetwasthatthereisanintense,almostuniversalsentimentof fear and growing despair among Muslim citizens of the country. Many of those who testified in the meet went so far as to declare that they felt reduced to second class citizenship. They shared their mounting disillusionment with all institutions of governance, and more so with the police and judiciary,aswellaswithpoliticalpartiesandtosomeextentthemedia. Thereisontheonehandtheconstantdreadofbeingprofiledasaterrorist,orofalovedonebeingso profiled, with the attendant fears of illegal and prolonged detention, denial of bail, torture, unfair and biased investigation and trial, and extra-judicial killings. There is on the other hand the lived experience of day to day discrimination, in education, employment, housing and public services, which entrap the community in hopeless conditions of poverty and want. This is fostered in a situation of pervasive communal prejudice in all institutions of the state, especially the police, civil administration and judiciary; and also the political leadership of almost all parties;large segments of the print and visual media; and the middle classes, and the systematic manufacture of hate and dividebycommunalorganisations. It was repeatedly emphasised that this is not simply a problem of victimhood of or injustice to a particular community. It is a grave challenge to the basic values of the Indian Constitution, including democracy,secularism,fraternityandtheruleoflaw. MajorFindings 1. The pervasive sense of insecurity reported from various corners of the country derived greatly from the prejudice, illegality and impunity with which police forces across the country deal withthechallengesofterror.Thisisaregularpatternthatoccursafterevery terrorattack,and sometimes even when there have been no actual terror episodes but the state authorities claim that there was a conspiracy which they detected and prevented. Testimonies from many states in the country outline this chilling pattern, of Muslim, mostly male youth, usually with no criminal records, being illegally picked up by men in plain clothes, and taken blind- folded in unmarked vehicles to illegal locations like farm houses which are not police stations. There they are tortured to coerce them to confess to terror crimes. Many men testified in the meet to brutal and terrifying torture. A few are killed in extra-judicial killings or 'encounters'. The rest are ultimately produced after several days of illegal detention before magistrates, whoignoreinjuriesthatsuggesttorture.Theyarethenofficiallyremandedtoextendedpolice 15

13. custody, and ultimately charged with a range of crimes of terror and treason. Many are charged with multiple crimes of terror, sometimes 20 or even 50, in many states, making it impossible for the youth charged with these grave crimes to defend themselves. Even if the legal justice system worked efficiently, it would take many years, sometimes decades, for these cases to be heard and concluded against each of the individuals. For all these years, the youth would continue to be held in detention. Almost no one who bears a Muslim identity is exempt from the fear that they, or members of their families, can be subjected to the same allegations of terror links, and to similar processes of detention, torture, encounter killings or prolonged, multiple and biased trails. It was noted that completely different standards are appliedinthecasesoftheHindutvaterrororganisationswhichhavecometolight. 2. The testimonies underlined the aspirations of the people of the community to participate in economic and social development in the country, as equal partners as people of other communities. Many women and men who testified in the national meet spoke of the importance to them of modern and high quality schooling and higher education, and sought much higher levels of public investment in their education. There was careful and thoughtful analysis of the design and implementation of measures announced by the central government to address the low social and economic indicators documented by the Sachar Committee. It was pointed out that the per capita levels of investment for the community are stilllow.Theschemeforinvestmentindistrictswithhighminoritypopulation,atbestcover30 per cent of the total population. The programmes are for area development rather than programmes focussed on the minorities; therefore they prove blunt instruments as much of the expenditure is on general infrastructure and little to directly benefit deprived people of the community. They are not consulted about their priorities. The scholarship programme is welcome, but also suffers from infirmities of procedure and targets which limit its impact. Financial institutions including nationalised banks are still reluctant to extend credit to Muslims. 3. There were many testimonies about open prejudice and bias of public institutions towards Muslims, but it was confirmed that these prejudices are equally evident outside government as well. There were also reports of profiling against Muslims by the criminal justice system even beyond terror crimes, reflected in disproportionately high Muslim populations in jails. Many sensitive and senior positions in both central and state government departments, including in the home, education, social welfare and information departments, continue to be held by officials with sympathies with communal ideologies and organisations, and the UPA government has done little to identify and replace them. In particular, sections of the media were examined for their role in reinforcing communal stereotypes, as well as for uncritically broadcasting the police version in terror-related arrests and encounter killings. Textbooks often show similar bias, and this is particularly dangerous because for millions of poor and especially rural children, the textbook is the only source of the printed word which theycanaccess. 16

14. 4. People reported from many parts of India of difficulties in getting homes on rent or on sale in non- Muslim localities, or admissions in schools and institutions of higher education. People spoke in many corners of the country of systematic efforts to destroy and boycott the livelihoods of Muslims. Sustained decentralised hate campaigns are organised which portray Muslim men as predators against Hindu girls, and people who slaughter the cow which is sacred to the Hindu community, and vigilante groups supported tacitly by the police target Muslims for these alleged social violations. There were reports, again from many corners of the country, about ejection from cemetery and waqf lands. The latter are valued at billions of rupees,and if managed with efficiencyand integrity,could yieldlargeresourcesfor education andlivelihoodsforthecommunity. Recommendations 1. There should be a high-powered judicial commission headed by a former Chief Justice of the Supreme Court appointed to examine all cases of terror across the country. Those that seem doubtfulorfabricationsshouldbehandedovertoaSpecialInvestigationTeamappointedand supervised by the high-powered judicial commission. It should complete its task in one year, sothatprolongeddetentionofpersonsagainstwhomthereislittleconvincingevidenceisnot prolongedfurther. 2. In cases in which it is obvious that false cases were framed and evidence fabricated, the police officers should be prosecuted (tampering with evidence in cases which can result in capital punishment is itself a capital crime). Victims who were detained and ultimately found innocent should be paid compensation by the state for the suffering and lost years of their lives. 3. Thereisaperceivedslowdownininvestigatingandprosecutingcasesofallegedterroractivities by right wing Hindutva organisations. These investigations should be resumed, and placed undertheleadershipofofficersofimpeccablesecularcredentialsandintegrity. 4. ThereshouldbeaconcerteddrivetorecruitmuchlargernumbersofMuslimstoalllevelsofthe police, civil administration and judiciary. For this, all the recommendations of the Sachar Committeeforaffirmativeactionshouldbenotifiedin6months,andimplementedin3years. 5. The UPA government must immediately redeem its pledge and enact the Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill. It must incorporate the major elements suggested by civil society groups. Communal violence is by its very nature, a targeted crime and a mass crime, perpetrated on a community of persons. As such these crimesdonotfindthemselvesreflectedintheIndianPenalCode,1860andotherextantpenal laws. Because of their nature as `targeted mass crimes', they need to be recognized as such, drawingupontheconceptsofgenocideandcrimesagainsthumanity. 6. When persons in positions of official power deliberately fail to prevent the eruption of 17

15. communal violence, or to stop its continuation, the responsibility for the eruption, or continuance, in the penal law as is stands, does not provide for prosecuting or punishing them. 'Command responsibility' has to be built into the law if the perpetrators of violence are to be drawn into a legal scheme of punishment and deterrence. The law should explicitly recognize and punish communal crimes that result not just from active participation or abetment of state authorities, but also crimes of omission, or what may be described as 'culpableinaction'. 7. Any proposed law on communal violence must use the concepts of restoration, reparation and compensation, depending on the scale and nature of mass communal violence, which includes rescue, relief (including establishing relief camps for as long as affected people feel insecure), compensation, restitution, rehabilitation including assistance of soft loans and land allocations to rebuild livelihoods and shelters to levels not less than before the violence andinconformitywiththewishesoftheaffectedpersons,andthereconstructionofplacesof worship destroyed in the violence. It should also contain internationally accepted norms for the internally displaced. These should be inviolable, legally enforceable rights of the victim- survivor, and extended according to national framework/policy of entitlements for victim- survivorsofcommunalviolence,ratherthanleaveittodiscretionatthestatelevel. 8. Strong action should be taken under Section 153A of the Indian Penal Code against organisations which indulge in hate campaigns and communal propaganda. The requirement of prior sanction of the state government before a complaint in registered under this Act shouldbewaived. 9. A law against communal discrimination on the lines of the SC ST Act should be enacted to recognisespecificcrimesof discrimination against minoritiesand punish theseseverely.Such crimes of communal discrimination would include organising social and economic boycott, communal propaganda, propagating communal stereotypes in textbooks and the media, and denial of housing and employment on communal considerations. The Act would contain provisionsforcompensation,andpunishmentofpublicofficials. 10. Officials who carry communal prejudices should be identified, and removed from sensitive positions in which their decisions have bearing on minorities, such as in the departments of home,education,welfare,information,andinfinancialinstitutions. 11. The Prime Minister should nominate a committee to undertake a nationwide campaign against the communalisation of society, akin to the literacy campaign and temple entry campaigns of the past. The features of discrimination in everyday life have not been sufficiently acknowledged, let alone studied, by government, even in the otherwise laudable SacharCommittee.Thiscommitteeshouldalsostudyanddocumentthesesocialprocessesof discrimination,someofwhichcametolightinthenationalmeet. 12. The Prime Minister's 15 point program should be given statutory status. The government 18

16. should constitute a high-level Empowered Committee in the Prime Ministers' Office with senior non-officials who have worked on this issue constituting at least half the membership, to monitor implementation of measures to improve the socio-economic conditions of Muslims, including implementation in letter and spirit the recommendations of the Sachar Committee. 13. Allocationsshouldbesufficienttocoverthelargedeprivedpopulation,inaMinoritySubPlan - like the Tribal Sub Plan and the Special Component Plan which is proportionate to the population of the communities. The Plans should be not to simply develop districts with high minority population, but directly benefit them with high quality education at all levels, health care,andsupportforlivelihoodsandemployment. 14. The Committee should be empowered also to ensure the Waqf properties are managed in waysthattheirincomesareconvergedwithpublicinvestmenttoensurefurthertoppingupof resources for the development and benefit of the deprived members of the community, with special focus on children, youth and women. Institutional mechanisms should be build to use Waqfpropertyincomesalsotoprotecthumanrights. 19

17. Te s t i m o n i e s

18. ManishaSethi,Delhi AnswertothequestionwhatitmeanstobeaMusliminIndiaistobeencounterable,tobeconstantly suspected of being a terrorist, possibility of being killed without being questioned. Jamia Teacher Solidarity Association had organized an all party convention in Jamia on the question of State, Democracy and Terrorism on the completion of one year of encounter at Batla house. In that convention many civil rights activist arrived and discussed their struggle for war against terror. It was discussedthathowinthenameofwagingwaragainstterror,communalagendahasbeenpromoted. The conclusion emerged that whether it was NDA regime or UPA term or whether it was Gujarat, A.P., Rajasthan, U.P., Indian state had discoursed the war on terror everywhere and accepted it; in the name of which Muslim youth were systematically and continuously picked up, encountered. That entire game plan was justified in the name of national security. Sometimes they were alleged for planning to kill Modi or Mayawati, otherwise in for blasting during any festive occasion. There is consensus across the news board rooms that no police version would be contested. In popular cultureglorificationofencounterkillingisgoingon. You might have watched the movie 'Wednesday' it was a thinking film, a well crafted film. The agenda of whole film was that all terrorist are Muslims and second we should abandon all legal means of justice rather bypassing the law which are nonsense 'terrorists' should be directly encountered.Sameisthediscoursewhichisgoingoninoursociety. In Ishrat Jahan's case Home Ministry under UPA filed an affidavit that Ishrat Jahan 17 yr old girl who studied in college was a LeT operative and the demand for Independent enquiry of that case was alwaysdeclined. Now let's come to Batla house encounter case because JTSA is directly dealing with that case since last year. On 13 September 2008 there were bomb blasts in Delhi. In those blasts many people died many were injured. From 14 September, 2008 drive to pick up people from Jamia Nagar, a predominantly Muslim area, started. Police arrived in civil dress and without any number plates on their vehicles, without any warrants picked people randomly and frisked them away. On 14th September, 2008, two persons were picked up. And on 18th September a day before the infamous encounterpolicefriskedawayonePHDstudent.HewaskeptinthespecialcellatLodhiroadforthree days. He was not only physically tortured but also psychologically. On 19th September, 2008 in Batla house one well televised, well publicized encounter took place in which Special Cell of the Delhi police. Inspector Sharma, one of their decorated officers, went inside the building to fight the 'dreaded terrorists' who were hiding there. Inspector Sharma did not wear a bullet proof jacket. Sharma died and so did the two alleged terrorist. You might remember the stories in newspaper in which every day on 14, 15, 16, 17th September, 2008 Mr. Shivraj Patil's, the then Home Minister, photo was on front page in different dresses. In morning, at 10:16 am he was in white clothes, at 11:30 AM he was in brown clothes and etc. etc. They tried to show Shivraj Patil's obsession with his appearance in public while the country's security was in danger. That time Shivraj Patil, Home Minister, UPA govt., needed to set an example that India was a strong state, mature militaristic state, 22

19. which can deal with the problem of national security. So on 19th September, 2008 at 10:00 AM a Batla house encounter took place. In that also different versions are there some say 10:00 AM, some say 10:30AM. There is no consistency. So story unfolded from the morning and two terrorists were encountered and inspector Sharma was injured. Till evening he also died. By that time the environment was full of fear. The very next day many boys were picked up who knew the boys who were killed. Next day I, Shabnam Hashmi, one of my journalist friend and a few Jamia teachers went to L18 flat in which two boys lived. We met a large number of people in the area including some immediate neighbours. It was clear that there was incoherency in the version that police was propagating. So we thought we should investigate into the matter. In media a communal tirade started such as graduates with killer degree, Jamia nursery of terror and killer children and the whole community of Azamgarh. The entire community of Jamia, community of Batla house and the whole Muslim community were treated as either terrorists or having allegiance to terrorists and a wholesnarecampaignstarted. Six of us who had gone to L 18 Batla House after a lot of debate amongst ourselves released questions around 2am on the internet puncturing the official police version. There was an atmosphere of fear and questioning the official version was a sin. We were of course immediately branded as unpatriotic and anti national but our questions circulated on the internet widely and quotedbysomenewspapersnextdaybrokethespelloffear. Our campaign to bring justice to those encountered at Batla House has been going on till date. We are demanding the judicial enquiry into that case. A case filed by Anhad has been lost even at the SupremeCourtlevelbutthatdoesnotdeterusfromexposingwhatisblatantlywrong. I will give you a picture of the inconsistency in police version and show the questions which we put up.FirstofallPolicesaidthatwhentheywentforencounteroperationInspectorSharmawasleading the team and all were behind him. L18 is built on a small plot and has four floors. It has only one exit gateandtoascend,thereisaladderhavinganirongrillaround it.Andtheflatinwhichtheylivedwas on the 4th floor. The house behind it was of just 2 floors. If anybody have to jump will have to jump from 4th floor to 2nd floor. According to police version they had cordoned off the whole area. Then the question arise if they had cordoned off the area than how could the two people ran away since therewas only one exitpoint.Then howthe policepossibly let themrun away.Wedoubted the story on that evening itself when it was unveiled that the two terrorists were absconding from the venue ofencounter. Secondly, we asked why and how L 18 was selected? Praveen Swami who writes in the Hindu wrote as if his spirit was on the roof of place of incident that police got the information after Ahmadabad blasts that Basher or Atif arrived in Delhi from Ahmadabad with his few friends with arms. Police took their cell phone on surveillance. And by the record of intercepted calls L18 was targeted. Then the biggest question is that if the cell phone was on surveillance and the Police knew that they were terrorists then what sort of alertness does the police had? They arrived in Delhi after 26th July, 2008 and planted bombs on 13 September, what was the police doing? It clearly indicates fallacy in the 23

20. policeversion.TheotherquestionwhichweraisedwasregardingMr.Sharmawhowasanencounter specialist. Why he went there to fight with terrorist without bulletproof vest. Police said that it was notsure,onmeresuspicionpolicewenttheretoinvestigateandtheallegedterroristsopenedfireon them.PhotosofAtifandSajidweretakenbycellphoneduringthetimeoftheirfuneral.TheSajidwas just a 17 yr old a legally minor. If he were a criminal then also under Juvenile Justice Act he could not be held as criminal. Under the JJ act no custodial violence can be justified on a minor. Certain rules andregulationaretobefollowedwhiledealingwithachild.Sajid'sphotographmakesitclearthathe was shot at point blank range. Had it been a natural shoot out in which both the parties participated it would have been face to face. It is important to think how 4-5 bullets got into his head? This is clear police made him sit on a chair or on the floor and then shot bullets in his head. When this question was asked to police, police in its defence said that Sajid was firing on Police by hiding himself under the bed where he was firing on the Police lying down under the cot and hence few of the bullets hit his skull. Further we asked if he was lying under the bed then how could the Inspector Sharma received bullets in his chest. On the issue of Inspector Sharma not wearing bullet proof vest Police version came out that Mr. Sharma got injured during cross firing and then police came with bullet proof vest. So I don't know whether they were having bullet proof vest or not. Sometime they were having it sometimes not. Sometime they say they knew that they were terrorist sometime they say thattheywereambushedbysurprise.Manyversionscamethroughmedia. The proof that police gave for the boys being terrorists was the recovery of AK-47, revolver and a bucket, a polythene bag and one scotch tape/ cello tape. When we asked how those things prove that they were terrorists then they said that they might be sticking the bomb with cello tape and in polythene bag they might take the bomb to other place to plant it and in buckets they might be keeping the bomb after making it. So by those proofs I would say that more than half of the Indians areterrorists. Same day on the evening of encounter Y S Dadwal called a press conference and said that we have cracked this case. In all those blasts in Jaipur, Ahmadabad, Delhi, Indian Mujahidin was involved. Atif wasamastermindofIndianmujahidinandSajidwasexpertbombmaker. Sajidwasa17yearoldboy who arrived to take admission in Jamia School but could not clear the entrance for admission in Jamia School so he joined an English speaking course. Dadwal said that that 17 year old boy was an expert bomb maker. Police said that they had his signature, signature in the sense the style of bomb making. All the bombs that were blasted were same as he used to make with ammonium nitrate and pods clock etc. But apart from all those things nothing was recovered from L18 even the material needed for making bombs. One more thing which we raised was that after encounter the care taker in whose house Atif and Sajid used to live he himself went in front of the camera of Headlines Today and said that he had signed the lease deed and the copy is with the police in which seal of the police was there. The very next day he was also into the police custody under the allegations of forgery and his son Zia Rehman, a Jamia student who was in IIIrd year was also put in special cell reasoning that hewascoconspiratoror co-bomber. 24

21. Then we also argued that if those people had tenant verification form, it means they were having driverlicenseandallsimcardwereboughtontheirownrealidentification.Iftheyweremasterminds of Indian Mujahidin then why would they give genuine details they could have used fake identity. There police said they were very clever and intelligent they thought if they use their own identity nobody would doubt on them. So the question is if they were so clever then after the bomb blasts why were they staying in the same building, they could flee as well from there as after blasts on 14, 15, 16, 17 there was regular presence of special cell people who picked up many people from there, Batlahouse.Whywouldtheylivethereforbeingarrestedorforbeingencountered? After the encounter five more boys were picked up. Police from different states presented different masterminds. Maharashtra police presented Tarik, U.P. police presented Baliullah, Rajasthan police presented Shahbaj, and Delhi police presented Atif Amin. All those police versions had to be saved from embarrassment so what the Indian State agencies did that all the state police implicated them in different cases. All these 5 boys were implicated in Ahmadabad blasts. One of those 5 boys Saif was implicated in Jaipur blast etc. those boys were charged with different FIRs and different criminal cases are pending against them. It seems like it will take 30-40 years to get justice in all those cases sincethechargesheetsaresolengthy.Whatweneedistobeginaparalleltrialjusticecampaign? Charge sheet itself is a psychological warfare, because when you ask for charge sheet then they would give you an appendix of 10,000 pages in Gujarati. You keep on reading those and take 5 years tounderstandandgointrial. Right now I think encounter is one major issue we need to focus on. We should try to ensure speedy justice. We need to strengthen our movement to take this issue forward to reiterate the demand for independent fair enquiry into the encounter and also the speedy justice for all the accused and arrestedyouth. TariqShafiq,Azamgarh Atif got himself enrolled in MA Program at Jamia Millia Islamia after completing his graduation that toofromJamiaMilliaIslamia.Butinthecharge-sheetfiledagainsthim,itismentionedthathedidhis graduation from Allahabad University and afterwards sought admission at Jamia Millia Islamia University. To substantiate the claim the police showed mark sheet of Allahabad University, which was fabricated evidence in itself. To counter the police claim I would like to show the copy of mark sheet of Allahabad University which is exact replica of his Jamia Millia Islamia marks sheet except thatthenameoftheUniversityandsignatureoftheattestingauthorityhavebeenchanged. Sajid was not even 17 years old. He fell short by 2-3 months. There is a school in Mohammed Pur, approximately 10 KM away from Sanjarpur. He studied there, and used to drive cycle everyday to school. He had actually never been to even Azamgarh town. For the first time he had been out of his village for the entrance test to seek admission in the Jamia Senior Secondary School for Std. 11. He stayed in Delhi for just two days. He could not clear the entrance exam as the medium of instruction was English and not Hindi. Then, his parents suggested him to join some English Learning course to 25

22. develop basic understanding of the language that would have subsequently helped him in clearing the entrance exam. It had been hardly a month since he was in Delhi and in the meantime, he was allegedtobethemastermindoftheDelhiBombBlastsofSeptember13,2008andwasencountered. According to the official version, he had been involved in illegal activities for the last three years, means when he was hardly 14 years of age. A boy of mere 14 years of age from rural background, who hardly had sense to wear clothes sophisticatedly, was alleged to be involved in terrorist activities.Alongside,hewasslappedwithchargesofbeingabomb-makerandtravelledtoKeralaand Ahmadabad. Police in its official version has stated that Sajid was firing at the police officials while lying under the cot and in self protection police opened fire at him. Sajid received bullet injuries on thetopofthehead,inthebackofthehead,rightshoulderandinthechest.Autopsyreportindicated that he was shot at point-blank range while the police have been denying it completely. Police stated that he received bullet injuries at those points because he was lying under the cot while the autopsy reportsuggestedthathewasintentionallyshotbymakinghimsitonthechair. On the other hand just after the encounter, media reached the Sanjarpur village of Azamgarh from where Sajid hailed. Aaj Tak was one of the first channels to reach there. The reporters reached Saif's house and he was also arrested by the police and belonged to the same village. Reporter asked his fatherthathowhefeltabout hisson beingaterrorist.Noonehad anyideainAzamgarhorthevillage regarding what had happened at Batla House and in that situation they were bombarded with all 26

23. sort of questions. Villagers got furious and surrounded the journalists; villagers said it was improper to ask such questions. Journalists were forced to leave the village. In the meantime, a journalist contacted SP of the district and he sent the police force immediately to the village. Village was cordoned off by the police and the police lathi-charged. Those who intervened were arrested by the police and were taken to the police station. Villagers were also angry at the police because on the last visit to the village police arrested Basher and had cordoned off his house. No one was allowed to go out of the house, entire house was searched without issuance of any search warrant and later household items were destroyed or were taken away by the police personnel including whatever little jewellery was in the house, which the villages helpedhiminbuyingduringthetimeof marriageowingtohisvery poor economiccondition.Ironyis that even after such an exhaustive search nothing suspicious could be traced. With that episode villagerswerevery unhappyand didnot wantitto berepeated.Villagersevensuggestedifthepolice wanted to search the house then it should take place in the presence of few senior villagers. At this suggestion police asked them to shut up. 30 men were arrested and after 35 days they were released. At present, residents of Azamgarh are in the state of perennial fear, since all investigative agencies have set up their base in the Azamgarh district. Places have been identified for setting up permanent offices of IB (intelligence bureau) and ATS. As per law, police officials who are authorised to arrest anyone ought to be in the Uniform and should use legal numbered vehicles. However, its the other way round at Azamgarh. ATS officials or the officials of any other security agencies roam in vehicles without number plates and in the civiliandress and are arresting whosoever they desire randomly at anypointoftimeandleavethemafterextractingmoney.Mr.VinodYadavwhowasworkingonthese issues of random picking of people by the police, one day was picked up and was asked to stop his reporting. He was warned that being a Hindu, he should refrain himself from fighting for the Muslims. Every yearten to twentythousand youth weregoing out of Azamgarh just for the sakeof studies,but this year hardly two to three thousand might have gone because of the fear of being targeted as terrorist without any base. If anyone is out of home for few hours parents start worrying about the wellbeingoutoffear. It was known that people from Azamgarh move out primarily for two purposes education and to earnmoney.ThereishugedearthofjobsforMuslimsinUP,andAzamgarhisabackwarddistrictfrom thepointofviewofinfrastructuraldevelopment.Everyonedesirestoimpartbestpossibleeducation 27

24. to their children so that they eventually would get better jobs in other cities or abroad. In Azamgarh DistrictSanjarpurvillageisconsideredtobethemostadvancededucation-wise. Media had also pronounced that there were approximately three crore rupees in Saif's bank account. The truth was that Atif had Rs. 1400/- in his account and Saif had Rs. 30,000/- in the bank account which his father had transferred just two days before to deposit the admission fees. When many activists made uproars at such false stories, then media ran away from accepting their mistakes and no attempt was made to rectify those improper and baseless statements by carrying out proper investigation. Media played merely as mouth piece of security agencies. Such small incidents of false reporting over a period of time act as repository for opinions based entirely on deep seated prejudices and malice lacking any factual content and accountability. All those who would have read or heard those media statements, (which were later not denounced by the media) would surely accept those boys as terrorists. In Azamgarh charge sheets in different cases have been filled against thirty one persons and eighteen have been arrested, eleven are missing. From Sanjarpur village five children are missing, two are in police custody and two have been killed in custody of the police. But their parents do not know their whereabouts. People fear that on some occasionof 26thJanuary or15thAugust,thosewho areincustodywillbeshownasmilitantskilledin encounter. We have written to high officials and those in power right from State Chief Minister to Prime Minister of the nation to intervene in the matter. Government of India and Uttar Pradesh are answerable to the relatives to find out where are these boys and disclose the information regarding the same. However, from nowhere, any reply has been received. No action has been taken on the Human Rights abuses that are taking place at Azamgarh. And no autonomous official bodies like NHRCorNCMhavebotheredtolookintothematter. Since, I was raising my voice against Human Rights abuses; I have now been slapped with a case of confronting the police violently on September 13, 2009, whereas I was actually out of town from September7to15,2009.RamakantYadav,MPfromBJPwhowaselectedtosafeguardtheinterestof the people and who is directly answerable to the people of his constituency, fired at a Muslim boy, in thecrowdedroad.Inreactiontothatincidentpeoplewereagitatinginapeacefulmarchforhisarrest butwerelathi-charged. Once I declared to organise a meeting with the prominent people of the district to tackle the human rights abuses which were escalating in the district. It was scheduled to take place on the 27th of September, 2009. Therefore, to stop it from taking place, I was slapped with charges of carrying out illegalactivities. At present, the officials are not releasing the passports of the villagers from nine villages, where 80% population is of Muslims. It is a deliberate attack on the economy of the Muslims. Government does not want these Muslims to go abroad and earn fortunes for their families. Azamgarh, despite of acute poverty in pockets has highest per capita income in the entire eastern regions of UP. To decelerate the economy of the Muslims, their children, if they go outside to seek higher education, are branded as terrorists. Passports are not issued to stop or delay them from going abroad. And so 28

25. muchofcorruptionisinvolvedinissuanceofPassport.IttakesatleastRs.5000/-perheadinorderto getapassport. I just want to request the civil society to strongly oppose such kind of sinister designs of branding every Muslim as a terrorist. What is happening at Azamgarh should not be repeated in other places, but unfortunately it is happening. People of Azamgarh are living under constant fear of being picked up or murdered by the Police. We constantly receive calls and warning to dissuade us from our activities. If anyone from Azamgarh wants to take a room on rent at places or cities like Delhi, on telling their identity, owners refuse to give room to them. Such is the grim situation. Many owners even if are willing to give the room on rent they are discouraged thinking of possibility of Police enquiry that may cause nuisance for them. If the children who are heading to the cities like Delhi to seek education are denied any access to have room on rent, where would they stay and study. This matter has to be brought to the consciousness of the larger masses through media or from alternativesourcesofreachingouttomasses. MussaratJahan,Mumbra,Maharashtra I am younger sister of Ishrat Jahan. What was my sister's crime that she was labelled as a terrorist? She was a college student and very fearful girl but had been charged with serious allegations like planning an attemptto murder Mr Modi, Chief Minister of Gujarat. I have a question for the police of Gujarat if they can answer, that how did she reach Gujarat, when she was in Bombay. I suspect that she had been kidnapped and subsequently was killed. She did not know anything about Narendra Modi,asshedidnothaveanyinterestinlisteningtonewsorinpoliticsforthatmatter.Howcouldshe becomethepartofconspiracyhatchedtokillsuchaninfluentialpolitician?Nooneinthepolicetried to find out who the girl was, but just shot her dead. Can anybody understand how much pain she endured in earning for the family? We were five siblings and mother. After my father's demise she was whole sole bread earner of the family. She studied herself and helped all of us with our studies apartfromgivingtuitions. Now the independent inquiry report by Justice Tamang is out which is reinstating our point of view, that she had been killed in fake encounter. And we know that she was absolutely innocent. Can the policeandthegovernmentgetmemysisterback?Whenthesepeoplecannotgivelifehowdarethey takeanybody'slife?Thatwasnotasimplecaseofmistake;letmemakeitcleartotheadministration, that it was straight away a case of murder in cold-blood. Will the government ever try to understand the difficulties my family had undergone? We have faced five years of hard ships after her death, would the government ever take pain of knowing how had been that time for us? We were left to starve on just a meal a day. And all of us were too naive and young to face the situation that was standingbeforeustoface.Thoughnowwehavegatheredourselves,yetthesenseofalienationfrom the rest of society hounds us. Every one of us brothers and sisters wanted to study, but now all it has beenspoiled. 29

26. ShahNawaz,U.P. Be it the case of Batla House or the cases of Ishrat Jahan, both of them are similar in the manner in which they were picked up despite the difference in their individual cases. In UP state there were simultaneous blasts in Faizabad, Lucknow and Banaras on 30th September 2007. In relation to those blasts, an arrest drive was initiated and some people from Azamgarh and Jaunpur were arrested within a month. Aftab Alam Ansari was accused by the Police of being the mastermind of these blasts. He was released after 21 days but Tariq Azmi who was arrested from Azamgarh and Khalid Mujahir from Jaunpur are still languishing in Jail. The Police released Aftab Alam Ansari, who was supposedly the mastermind, stating that they had made a mistake but the other two who were supposedlyworkingwithhimarestillinJail.TariqAzmi,adoctorbyprofessionwasgoingsomewhere on his motorcycle on 12th November. He was beaten up by some police personnel and was picked in the middle of his way near Barabanki. When the local people gathered and questioned that act of police they were told by the Police that he was upset with his wife and was running away and that theyweretakinghimbacktohishome. He, however, did not reach home that night. On December 13, 2007, we lodged an FIR to report that he was missing. The police denied his custody and kept him hidden. A few days later, we sent a letter to highlight this matter, along with a notice to the Superintendent of Police. Mohammed Arshad Khan, a lawyer, lodged a complaint asking why people in the area were going 'missing' and what steps were being taken by the administration in this regard. The SP of the area assured us that there was nothing to worry about and that the police was sensitive to such sudden disappearance of people. Three to four days passed in this manner, but we heard no news of any of him. On December 18, 2007, the Lucknow Chief Magistrate, the State Governor, senior officials and Human Right activists were faxed a report highlighting the fact that several people had gone 'missing', all of whom happened to be Muslims. The fax also stated that the Superintendent of the Police did not apparentlyconsiderthismatterseriousenoughforhisimmediateattention.OnDecember22,2007, anewsreportinformedusthatMohammadTariqhadbeenarrestedfromBarabankiRailwayStation, alongwithalargeconsignmentofammunitionandanAK47rifle,andwasallegedlyamemberofthe HUJI. Khalid Mujahid, on the other hand, was accused of being party to the bomb blasts that took placeinthecourtyardofLucknowCourt,FaizabadandtheSankatMochanTempleatBenaras. I was not allowed to meet Mohammad Tariq in jail. I could meet him only after seeking permission from court. When I did, he told me, Do not take this matter further, it is of no use. We are treated here,inamannersimilartotheprisonersatAbuGharaibandGuatanamoBay.Thisstatementshould be enough to understand the extent of torture that we are going through. He also said that he had never possessed any ammunition and had never gone to any place where any kind of illegal activity was taking place. In fact, he told us, based on conversations that he had heard, that the STF was busy trying to find evidence, even false, in order to add strength to their allegations, since they too had pressurefromotherauthoritiestoconvictpeopleinthesecases. Khalid Mujahir was eating Chaat from a shop on 16th November. It was a very crowded place 30

27. suddenly some people came in a Tata Sumo who picked him up and took him away. In Azamgarh and Jaunpur when people protested and asked for their whereabouts, the Police told them that they are making efforts to find these two people. Chaudhury Chandra Pal Singh who was linked to a Political party claimed that if Tariq was not found by 21st, he would burn himself on the spot that Tariq was picked up. On 21st, the Police showed him Tariq Azmi and Khalid Mujahir in Barabanki and was told that they were caught with RDX and many other weapons. In such a shameless manner they were picked up, that the Police initially made statements promising to 'find' them out and later label them asterrorists. Apart from this it is important to understand the political dynamics behind these activities. In Azamgarh Mr Rajeev Yadav's brother was picked up because he was in PUCL and raised questions on behalf of Muslims. He was asked why he was speaking for Muslims when he was a Hindu. He and his friend were tortured in a house which previously belonged to a UP Mafia person Mr Shiv Prakash Shukla and is officially seized. They were informed that they were not the only people to be tortured here many others have also been tortured here and statements were made here after the torture. Apart from this in Azamgarh Police and ATF use vehicles without number plates and people are now mentally prepared that they also will be eventually picked up in this manner. This is not a sudden development but is a pre-planned progression. In areas like Azamgarh the BJP has suddenly started winningtheelections. Another common facet of the incidents described by the participants are the way in which random people are picked up and accused of targeting to kill prominent political figures like Narendra Modi and Mayawati. In UP several people have been picked up for allegedly planning to kill Rahul Gandhi and Mayawati in different instances. It was shown that they were coming to kill Rahul Gandhi in a very run down second hand car which probably will not run. Later they stated that they caught the accused through surveillance of their mobile phone. On being asked about why the mobile phone was not shown they stated that they did not have a mobile phone with them. Aftab who was picked up by the Police was allegedly carrying 2500 kilograms of RDX. The weight of the amount of RDX cannot be carried a single person. There are many such contradictions and loopholes in the statements made by the Police. Lawyers fighting for these people are also picked up and beaten for fightingforMuslims. ShafiqMahajir,Hyderabad On 18th May 2007, at 1:43 pm. a bomb blew up in Mecca Masjid. Thereafter a police firing occurred where five people died officially and unofficially seven died and many were injured. The police version was that after the blast, the crowd became violent. A violent crowd had to be controlled and that the mob was not allowing ambulances to reach the injured people and taking them to the hospital.ThemobwasnotallowingthedogsquadtoentertheMasjidtolocatepossibleotherbombs andthereforeforcehadtobeused.ThePoliceversionalsostatedthattherewasapetrolpumpabout 150 yard away where the mob killedthe policemanon duty and triedto burn the petrol pump whose tankscontained17000litresofinflammablefuelandthereforefiringwasdonetocontrolthemob. 31

28. On the other hand in reality the people in the Masjid were shocked by the bomb just after their namaz and were not the least violent. The large police force arrived in an organised manner in spite of lack of any violence from the people. All responsible police officers decline any responsibility. Somephotosshowjoyandenjoymentinthepoliceofficers'facesastheyareattackingthecrowd. Some witnesses produced by the police, on interrogation their testimonies were withdrawn. No intention to know true facts is shown. Inspector Sudhakar had filed the FIR. His affidavit doesn't match with other video evidence, on being questioned he admitted following the advice of the ACP. Ramchandra Reddy had supposedly gone and rescued Inspector Sudhakar from the petrol pump. A third Inspector Anantha Reddy was given the job to investigate the firing done by these two policemen. He said on record that he went to the site only once and that the rest of the investigation was done in his room. And all three affidavits of these police men are exactly identical even in all the grammatical nuances and individual words. The only difference is that on the end of Sudhakar Reddy's affidavit it says that after this he went and filed an FIR. The petrol pump attendants refused tobecrossexaminedwhentheygavetheiraffidavits. There were barricades put up by the police in a certain road according to the DCP so as not to allow thecrowdtomoveinthatdirectionwhereitisstatedjewelleryshopsownedbyHinduswerelocated. The intention was not to maintain law and order but to specifically protect Hindus. This is not a secular police force. The location of the bodies near the petrol pump proves that the people were not intending to either kill the Police officers or to set the petrol pump ablaze. This is another exampleoffabricationoffalseevidencewhichispunishablewithsevenyearsofimprisonment. Syed Sujat Ali, the first constable who revealed that when the police had fired there was a difference of 100 feet between the crowd and the police. After this the Police Council withdrew from the Commission and a second Council was appointed. The Additional DIG Sandeep Sandiliya's affidavit said that a Muslim political party had two meetings 5 months and 11 months ago where the police wasabusedandconcludedthefiringwasnecessary. ACP Redanna claims that he had gone to the mosque and secured the area. The petrol pump attendantscanbeseenfabricatingevidenceintheeveningafterthecurfewhasbeensetinthescene ofoffencewhichhasbeenapparentlysecuredbyACPRedannaintheavailablephotoevidence.They were obviously abetted by the Police. Even after such evidence if the Government doesn't take actionthentheGovernmentalsobecomesandanabetter. As the legal advisor of AP State Minorities Commission I came to know that boys from minority community were being tortured after being arrested in suspicion for the twin blasts in Gokulchaat and Lumbini Park. Since there was no evidence of this the Minority Commission advocate commissioner L Ravichander and renowned Forensic experts Dr Mahender Reddy were sent to Chernapalli Jail. It became known that the boys were being tortured under police custody. When they were sent on remand, despite the directions of the Supreme Court, their injuries were not recordedbytheJudicialOfficers.OngoingtotheJailtheJailorsrecordedthattheyarrivedwiththese 32

29. injuries. The boys state that they were not ill-treated in the Jail. The Forensic Expert has proven with the measurement of the scar tissues the dates on which they were tortured which was during the police custody. The Government instead of taking action immediately withdrew the Minority Commission's Support Staff. After this the NHRC observed that they were kept in the ISI block which is for Pakistani Intelligence. Eventually the Police Commissioner of Hyderabad Balwinder Singh wrote a letter to the Minorities Commission on 9th January 2008 that after their investigation they did not obtain any evidence against these boys' involvement in the blasts. Who will compensate theseboyswhoweretorturedandimprisonedfor8months? They were allegedly arrested for posessing Jihadi Literature. A suit was filed for compensation for these boys which was denied by the State that these people are themselves neck-deep in criminal activities.Afterthiswhenafewboyswerepersuadedandregisteredtheirpetition,afterhalfanhour oftheregistrationofthis,theJudgereceivedaTransferOrder. TherulesofevidencehavebeenreversedbytryingtoimposePOTAandothersuchlaws. Inspector P Sudhakar, the inspector who claims that the pump was shot to be set fire to, the inspector who says that the lives of policemen were in danger, the lives of pump attendants were in dangeranditwastoprotectthemthathehadtoresorttofiring.Thisinspectorsaysthat6pmhefiled the FIR and what did he say in the FIR. He spoke to the ACP and the ACP said his words 'aisa aisa likhe to achha rehta to main waisa likha'. Those are his words. Then what did he do, he and his men hid in the lane leading to the toilet for 30 minutes. How many seconds does it need to set fire to a pump. A pump where 17000 litres of petrol is there and the crowd is all over the place and the pump attendantsareinthreatoftheirlives,howmanysecondsdoesittake.Thepoliceman'sversionisthat they hid inside the pump and the attendants were inside the cabin. How many seconds does it take to lynch the attendants of the pump if the crowd is militant, aggressive and according to the police 'policewalon ko maar dalon, pump ko jala dalo, pump walon ko maar dalo', these were the slogans according to the police affidavits but the police evidence does not say so. The police evidence says in cross-examination what were they shouting, they were shouting slogans. What slogans were they shouting,theyweresayingallahuakbar.ThestatementofPSudhakarinhisFIRistherewere200-300 people. Later in his affidavit, the crowd becomes 600-1000. This is the Mughalpura Kaman, according to the police the firing was done at the petrol pump to save life. Please see the videos, please see the dynamics of these images, you will find that the police walked through the streets firing into the crowd using self-loading rifles. Charminar, Macca Masjid where the blast took place, Machli Kaman, jewellery shops of Hindus, barricade so that the crowd does not go there. The crowd was prevented from escaping. This is a lane leading to Khilwat, there was firing here. This lane was blocked. Inspector Kishtaya is on record, we clocked that road, why, there is a Hindu deity installed there, there are Hindu houses there. Blast, bus station, this is the place where the bodies according to them fired. The distance between this point and this point is 200 ft. 200ft away the bodies fell and thepolicesaythatwefiredatthepump.OntheleftsideyouwillfindtheroadleadingtoMughalpura fire station blocked by ACP Ashok Kumar and his team, why, because there are Hindu temples there andHinduhousesthere.ThisroadleadingfurtherdownleadstoHaribaolicrossroads,blocked,why, 33

30. the police say we were apprehensive that the crowd wanted to set fire and loot the Hindu houses theresoweblockedthemfromgoingthere.Thecrowdisblocked.Wheredoesthecrowdgo?Where does the crowd go when you fire tear gas shells into them? If under section 99 of the IPC they exercise the right of private defence throwing back stones at the police which is firing at them how is thatanoffence?Busstand,busescomingout,thelengthofonebussuperimposedmeasureit,200ft away the bodies fall. In one case unconnected with this, this is a question posed by the high court, please see how the question is framed, all those with the judicial background, whether the failure of the commission to recognize the Muslim collective in the state as a heterogeneous social class, the failure to exclude those insular classes of Muslims already recognized, the failure to collect data, the failuretoformulatecriterionandthefailuretoapplyrelevantevolvedcriteriarenderstheexerciseby the commission irrational, perverse and invalid. When you start with the premise failure, failure, failure, do you come to the conclusion that notwithstanding that the exercise is valid. The high court says about reservation never in the history of India has membership been so easy an entry into reservation. The high court forgets the judgment of the supreme court extracted with the bottom you cannot get the benefits of reservation by conversion. Hussain Sagar does not exist. Now it is NTR Garden, Lumbini Park, PVR Ghat, NTR Ghat, Buddha Statue, Jal Vihar. Chiran Palace does not exist, it is Kasu Brahmananda Reddy National Park, Banjara Garden does not exist, now it is Jalagam Vengal Rao Park, Mausamjahi market does not exist, now it is Vinayak Chowk, Fateh Maidan does not exist, now it is Lal Bahadur Shastri Stadium, bit by bit every single Urdu word, every single indication of a Muslim cultural heritage is being obliterated. Why? Witness Constable Sayyed Shujat Ali on duty at the pump, what does he say? 100 ft distance between crowd and police at pump when firing took place. It is mpossible to kill policemen or burn the pump from that distance. No iron rods with the crowd. Where is the attempt to murder? This gets more interesting. Commissioner Balwinder Singh says jehad is holy war, war is always violent. Coming to the point of jehad, what is jehad? Jehad is the exhortation in the Holy Quran asking Muslims to strive to righteousness. That some people have construed means go to war, kill infidels and so and so forth which is utter rubbish but we don't need to go into that. The point is that what Ravi Chander was talking about what those boys are alleged with, 25th January 2008 commissioner of police writes to minority commission no evidence has been found linking these boys with the blast. However they have been found to be processing jehadi literature. So we said excuse me what is this processing? Before the commission of inquiry they modify it to say possessing. So I said brilliant, all right possessing, where does this concept of righteousness come from for God's sake? It comes from the Quran, the Quran is there in my house, it is there in every Muslim household, go arrest every Muslim. Then I quoted the Gita where lord Krishna is talking to Arjuna, he says fight the righteous for those who fight the righteous go to heaven, if you die in the process and if you win the benefits of this are with you. Jehad, all Hindus are jehadis, go arrest them. I found this in the Guru Granth Sahib, I found this in the Biblical teachings leading to the crusade. Does the police know whether they are coming or going? Inspector Kishtaya who blocked people from going into Panch Mohalla lane because there is a Hindu deity installed there. Firing was done ten feet behind him, he says he is unaware of it. Additional DIG Sandip Sandilya comes on record and files an affidavit of three paragraphs. The first paragraph says that 11 34

31. months earlier MIM held a meeting in the old city in which policemen were abused. Second paragraphsays6monthsearlierMIMheldameetingintheoldcityinwhichpolicemenwereabused. Thirdparagraphsayson19thIwasonduty,nothingabout18th.SoIsaiddoyouknowwhattheterms of reference of the commissions are. He says yes. So then do you mean to say that 11 months earlier and 6 months earlier police had been abused by these people and therefore we resorted to firing? People were helping shot people to safety, these people were shot, one of them died, when do you use 46 CrPC, what is the offence been committed here, if this is not brutal murder what is it? If you recall the shot that is showed, where the policeman in helmet is holding the pistol high, please hold heisinmufti,youdon'tevenknowwhethertheyarecops.Manwasshot,hedied,howdareyouhelp somebody whom we have shot? Ramachandra Reddy is the inspector who is supposed to have gone and rescued Sudhakar after he was holed up in 30 minutes. Reddy, Sudhakar and one enquiry officer called Anantha Reddy have filed three affidavits. And these three affidavits are verbatim lifts of each other. Not a single word has changed. I went to the extent of keeping Ramachandra Reddy in the witness box giving his Lordship Justice Bhaskar Rao the affidavit of another person and I read it out and his lordship followed it word for word, if this is not, remember two people who did the firing at the pump I can understand if there is a similarity in their affidavits but the person who enquired into their conduct files the same affidavit. If this is not fabrication established what is it? Witness Hari Babu,whiletheforensicwitnesseswerecalledandsentawayafterIfiledapetitiontoexaminethem, they were called again. The commission found it necessary to ask them at this stage if firing is done from outside the mosque through the grill using high velocity rifle can a bullet ricochet and hit somebody, did you see a wound like that, the answer was no we did not. But the point is why did the commission find it necessary not having asked this question on the earlier round of cross examination, asking it now because these visuals that were shown, the videos dynamic images that were shown were convincing enough for the commission to come to a conclusion that such firing wasinfactresortedto.ACPRedannasayssecuredthesceneofoffenceatthepetrolpumpwherethe fire was sought to be lit. Secured the scene of offence, not let us see how the scene of offence is secured. This is the image of the petrol pump. Please see the nozzles of the petrol pump in place. All the delivery systems have the nozzles in place. The police panchanama says the police scene of offence record says that that nozzle is found on the ground in the grass lit,fire was there. Nowplease watch the images. All the nozzles in place. It is about 4.30 pm after the crowd has been dispersed. Nowwatchtheattendantofthepump,hecomesandremovesthenozzlesaftertheACPsaysthatwe had secured the scene of offence. What more brazen fabrication of evidence can you get? These are the persons who came and gave evidence in front of the police. I am compelled to recall what Shrikrishna Report says that the people who gave evidence in favour of the police were the prostitutes of the locality who are dependent on the police for their trade. This is the grass which the inspector Ramachandra Reddy who comes and rescues Sudhakar says for the first time he sees the grass in the cabin. This is the grass that the panchnama finds next to the pump. Reddy deposing says thiswasthesceneofoffence,Ishowedhimastillphotographalso,thiswasthesceneofoffenceafter the crowd had gone away. Please see where the nozzles are and subsequently you will find in the panchnama that the nozzle was on the ground. This is the person who called the politician using his 35

32. mobile and says: Anna saat ho gaye. This is the man who from another part of the video can be identified also the police has made no effort whatsoever to identify the gentleman to find out who it was conducting a body count and to whom he was giving those reports. Allaho akbar, what is this Allaho akbar. The police evidence says that after 4500 people had gone away 500 people remained inside they were shouting slogans. Subsequently they were joined by many militant Muslim youth. My question was how do you know they were militant? Did they have AK-47 ? No, so was it written on their foreheads? Answer was no they were shouting slogans. What slogans were they shoutingthey were saying Allaho akbar. Therefore, question before the commissionbecause they were shouting Allaho akbar you concluded that they were militants. The universal declaration of human rights charter talks about how the state has to provide effective remedy. What the state doesisitputsprovisionsontheIPC,butitdoesnotimplementthoseprovisions.Aneffectiveremedy means as two learned speakers were saying before methere should be something more than just putting something on the statute book. What must happenyou must have provisions that are self- operating. For example, if I am a judge and I grant an injunction saying that you shall build the wall again. My order should say build that wall and report in 15-20 days. Why should somebody else be required to file an EP before me? It is absolutely not necessary. So why can't the state human rights commission say to the CB-CID, make the report and come back to me within so many days with the report, if you fail to do so I shall take you to task, but please with the greatest respect to the honourable State Human Rights Commission I must make a statement here. Somebody who was with me in the hearing at Andhra State Human Rights Commission said Sir, a few days after this incident there was firing on the communists, some people died, your lordship took suo moto notice, whydidyourlordshipsdidnottakesuomotonoticeinthismatter.Answerwasdon'tblameme.Iwas out of the country on that day, I was in Malaysia or some such place, I came back the following day. My question is if the commission's Chairman is not in town does the commission come to a halt, do human rights come to a halt? Assuming he was not here it could still have been done the following day. Four months after the State Minorities Commission gave its recommendations directing the state to make a 24-hour helpline for minorities and how there should be a system of incentives and disincentives for those who were doing a secular job and not doing a secular job and system should be self-operating. Four months later I was called by the Secretary of the Andhra State Human Rights CommissionwhosaidpleasegivemeacopyoftheStateMinoritiesCommissionreport.Isaidwhydo you want that report? I have argued the matter before you, how come your own record is not ready. His answer was to pat me on the back and laugh and say Mahjir sahab ye government ka commission hai. There is a lot to be said but there are time constraints. I will just make two brief point which I request the honourable tribunal members to hear carefully. There is a provisionin the amended CPC now which says that if I seek an injunction against you then the court has the power to impose a condition that before it grants an injunction it will require me to place at your disposal security to compensate the person against whom injunction is sought in case the injunction is found to be unjustified. I am condensing it. Is it not time that we had a provisionin the CrPC which says that if the state lays a terror charge against a man and subsequently the terror charge is found to be unjustified not resulted in an acquittal, unjustified, should the state not compensate that man for destruction 36

33. for academic career, destruction of employment, family life, loss of reputation, social stigma, loss of health everything? Remember that out of 78000 people charged under TADA 85% were Muslim and the conviction rate was 0.2%. in one instance out of 223 people arrested 211 were discharged, discharged mean having not enough evidence to even charge them in the first place. People were in prison for one year, tortured etc and thrown out psychologically warped. Second provision: the law of evidence has seen a change with regard to evidence of rape. It is found impossible for a woman to getanindependentevidenceofrapesowhatthelawhasdoneisnowinsteadoftakingthecomplaint ofthewomanasapieceofcorroborativeevidencethelawtakesthecomplaintofthewomanitselfas primary evidenceandsaysifthereisanycorroborativeevidencefoundthatshallbetakenasprimary evidence and conviction should result. Is it not time that our police is subjected to that kind of a situationwhereifanybodyallegestortureagainstthepolicethisistheprovisionthatshouldbecome operational and these things should automatically result. Mr. Ravi Chander was being delicate about it. He did not cite the details of the torture that was inflicted. Let me take 10 seconds: hung by the wrist,anklebeatenbrutallyinonecasesuchthatthefleshcameout,electricshocksadministeredon thenipples,indicationsofneedleentryonthenipple,indicationsofinjuryonthethighsandforearm, abrasions showing brutal beating, electrical shock indications around the nipples and behind the ear,etc. RajivYadav,U.P. I would like to speak in the context of UP only that how the political environment has been shaped in regard to the issue of terrorism and the role played by the media and the political parties. After the year2000,majorityoftheterroristactivitiesthattookplaceintheentirecountryhavebeenlinkedto UP in one or the other way. In the past one year, it has become common practice that before the Lok Sabha elections an arrest drive is initiated and Muslims are arrested in the name of combating terrorism. 40 people have been arrested allegedly for being ISI agents in one year from UP. In Azamgarh eighteen people were arrested out of which it was claimed that eleven have absconded andtwohavebeenkilledinencounterswhilesomehaverecentlybeenreleased. In October 2007, two people were arrested for allegedly trying to attack Rahul Gandhi. After this the bomb blasts took place in the court complex of Faizabad and later on 30th December, 2007 two Kashmiris were killed in encounter for allegedly trying to kill Mayawati. After this the State Government requested the Central Government for SPG security and two people were killed in the name of same SPG security. When the Central Government enquired about who these two people were, there had not been sent any reply till date from the State Government. The pattern of staging encounters and random picking up of people from minority communities have slowly adapted a pattern similar to that which emerged in Gujarat after the carnage in 2002. The PUCL has recently issuedareportwhichstatesthatUPisnowfollowingthefootstepsofGujarat. Azamgarh has almost replaced Pakistan as the new source of terrorists in the eyes of the media and the public. It is also linked to Abu Salem. Since the murder of Gulshan Kumar, Hindutva forces have slowly spread their tentacles in Azamgarh with the simultaneous growth of terrorism chapter in 37

34. Azamgarh. Gulshan Kumar's murder has been misrepresented as an attack on Hindu Community by theMuslims. There had been precipitating factors for the emerging conflicts between these two religious communities in UP. Today it is not that easy to organise or instigate communal riots due to growing awareness in the public regarding communal riots. Therefore, state funded terrorism has been ensued in the entire province of UP. I have many instances to prove this. In Rampur, firing at CRPF camp was not a terrorist activity, but the CRPF men died after drinking alcohol and firing amongst eachother,yetitwasgiventhatovertone. AzamgarhhasbeenspecificallychosenbecauseitsproximitytoAyodhya.Ithasalsobeenaffectedby economic factors. Azamgarh was gradually becoming more prosperous, and from that, Hindu fundamentalists concocted the connections between the Muslim community of Azamgarh and Taliban forces which were further blown out of proportion by the media. The media here had been purposely sullying Azamgarh's name. Several Human Rights violations have been caused by such labelling of Azamgarh. Phones are tapped illegally. Many people are missing but those missing go unreported. Many are languishing in jails and every individual has been slapped with many unsubstantiatedallegations.Noindividualcouldeverfightthoseallegationsinhislifetime. We are trying to prepare monthly reports on the situation of Azamgarh and would try to monitor media reporting on the National level. The Purvanchal area is following the steps of Savarkar and Hegdewar. In 2007 Nepal suffered two blasts planted by Hindu Fundamentalist forces. And it is havingimpactdirectlyonIndia. YusufSheikh,Baroda I think you will be familiar with the Gujarat 2002 carnage. So I don't have to tell you more about it. Post 2002 carnage when I went to different places I found the strategy of communal forces had been changing everywhere. They started communal violence from the small villages or small town. The modus operandi of targeting Muslims now is like attacking in the name of repairing the Masjid, by illegal occupation on the land of cemetery or in the name of cow-slaughter or even on helping those innocentswhoarebeingvictimisedorbytroubling whilegettingthempassportsissued. Latest example I am going to give you is of Baroda. In Baroda on 1st September, 2009 five persons were picked up, kept in illegal confinement and tortured. Earlier, forty-eight people were picked up by the police, claiming that they are doing so as to ensure safety during Ganesh Chaturthi. After the festival, those five never returned home while others were let free. Parents have not been allowed to meet at a close distance. However the available information is that, they were taken to a private farm house where they were brutally tortured by the cops. The timings of these arrests are interesting to note, since it was planned before the Gujarat bye election. A case of keeping rocket launcherandotherdeadlyweaponstotargettheVVIPshasbeenframedagainstthosefive. Itclearly indicates towards sinister designs to let the BJP Government led by Mr Modi in Gujarat to win the elections. These newspaper cuttings of that particular news were distributed in the election 38

35. constituenciesandeventuallysixoutofsevenseatswerewonbyBJP.Theaccusedhadbeeninpolice remandfortwelvedaysandwhenwereproducedbeforethecourtnoevidencewassubmitted. Theparentswerefrightenedtotellorshareanythingabouttheincidenttoanyoneelse.Tremendous pressurewasputonthembythePolicetokeepquite. In a case of bomb blasts related to Ahmadabad city I was called three times by Baroda SOG and was tortured in the cell but they could not succeed in framing me for the blasts. Since, I received timely help from my friends, cops could not arrest me. I suggest that it is imperative to maintain, develop andco-ordinateallianceswiththesecularpeopletofightoutthosekindofmenaceofstate. DanishQureshi,Gujarat I am grateful that the victims are being given an opportunity to voice their experience and hopes. I am from Ahmadabad where incidents are created before every election as were seen in Godhra and during Gujarat Carnage. They have now decided to target specific communities like educated youth. Many people have been killed and others were jailed under POTA. The names of masterminds in the blast have been changed repeatedly and near about eighty people have been detained illegally and tortured. Of those twenty two people were finally charged. Those who were released even now have to give their location to the ATS every few days and eyes are kept on them if they are in contact withtheNHRCorNGO. Theyknowandarevaryofwhatwillhappeniftheiractivitiesarerevealed.Theirfamiliesareaskedto reportatthepolicestationandareunabletoengageintheirdailyactivities. One accused named Omar Ashok Kada who has got converted to Islam from Hindu. He has been accused of conversion and is being asked to reconvert to Hinduism by Police Inspector Mr Tarun Barod. Omar Ashok Kada is a sweeper in Ahmadabad Cooperation and has no history of criminal activities. Since he was in a government job and could not be expelled therefore first he was suspended which tantamount to reduction of 50% in his salary. He was released after 3 months. The next day he was asked to report to the ATS and was arrested. Isn't it strange that in Gujarat the terroristreporttothePoliceandtheATSoutoftheirownvolition? The Police are not able to catch a chain-snatchers and robbers but cl

What it means to be a muslim in india today

Documents

muslim community

muslim youth

terror acts

act of terror

terror episode

contemporary india delhi

massive anti muslim

pakistan terror groups